Bill Text: IL SB2459 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Public Building Commission Act. Sets forth the procedure for selecting a successful design-build entity. Provides that the Commission may award a design-build contract to a qualified design-build entity that offers the best value in terms of quality, cost, and proposed time of completion. Authorizes the Commission to enter into competitive negotiations with qualified design-build entities. Contains other provisions. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-08 - Rule 3-9(a) / Re-referred to Assignments [SB2459 Detail]

Download: Illinois-2009-SB2459-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB2459 Introduced 6/1/2009, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
50 ILCS 20/3 from Ch. 85, par. 1033
50 ILCS 20/14 from Ch. 85, par. 1044
50 ILCS 20/20.3
50 ILCS 20/20.5
50 ILCS 20/20.12 new
50 ILCS 20/20.15
50 ILCS 20/20.20
50 ILCS 20/20.25
50 ILCS 20/20.10 rep.
Amends the Public Building Commission Act. Sets forth the procedure for selecting a successful design-build entity. Provides that the Commission may award a design-build contract to a qualified design-build entity that offers the best value in terms of quality, cost, and proposed time of completion. Authorizes the Commission to enter into competitive negotiations with qualified design-build entities. Contains other provisions. Effective immediately.
LRB096 13218 JDS 27862 b
A BILL FOR
SB2459 LRB096 13218 JDS 27862 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Building Commission Act is amended by
changing Sections 3, 14, 20.3, 20.5, 20.15, 20.20, and 20.25
and adding Section 20.12 as follows:
(50 ILCS 20/3) (from Ch. 85, par. 1033)
Sec. 3. The following terms, wherever used, or referred to
in this Act, mean unless the context clearly requires a
different meaning:
(a) "Commission" means a Public Building Commission
created pursuant to this Act.
(b) "Commissioner" or "Commissioners" means a Commissioner
or Commissioners of a Public Building Commission.
(c) "County seat" means a city, village or town which is
the county seat of a county.
(d) "Municipality" means any city, village or incorporated
town of the State of Illinois.
(e) "Municipal corporation" includes a county, city,
village, town, (including a county seat), park district, school
district in a county of 3,000,000 or more population, board of
education of a school district in a county of 3,000,000 or more
population, sanitary district, airport authority contiguous

SB2459 - 2 - LRB096 13218 JDS 27862 b
with the County Seat as of July 1, 1969 and any other municipal
body or governmental agency of the State, and until July 1,
2011, a school district that (i) was organized prior to 1860,
(ii) is located in part in a city originally incorporated prior
to 1840, and (iii) entered into a lease with a Commission prior
to 1993, and its board of education, but does not include a
school district in a county of less than 3,000,000 population,
a board of education of a school district in a county of less
than 3,000,000 population, or a community college district in a
county of less than 3,000,000 population, except that until
July 1, 2011, a school district that (i) was organized prior to
1860, (ii) is located in part in a city originally incorporated
prior to 1840, and (iii) entered into a lease with a Commission
prior to 1993, and its board of education, are included.
(f) "Governing body" includes a city council, county board,
or any other body or board, by whatever name it may be known,
charged with the governing of a municipal corporation.
(g) "Presiding officer" includes the mayor or president of
a city, village or town, the presiding officer of a county
board, or the presiding officer of any other board or
commission, as the case may be.
(h) "Oath" means oath or affirmation.
(i) "Building" means an improvement to real estate to be
made available for use by a municipal corporation for the
furnishing of governmental services to its citizens, together
with any land or interest in land necessary or useful in

SB2459 - 3 - LRB096 13218 JDS 27862 b
connection with the improvement.
(j) "Delivery system" means the design and construction
approach used to develop and construct a project.
(k) "Design-bid-build" means the traditional delivery
system used on public projects that incorporates the Local
Government Professional Services Selection Act (50 ILCS 510/)
and the principles of competitive selection.
(l) "Design-build" means a delivery system that provides
responsibility within a single contract for the furnishing of
architecture, engineering, land surveying and related services
as required, and the labor, materials, equipment, and other
construction services for the project.
(m) "Design-build contract" means a contract for a public
project under this Act between the Commission and a
design-build entity to furnish architecture, engineering, land
surveying, landscape architecture, and related services as
required, and to furnish the labor, materials, equipment, and
other construction services for the project. The design-build
contract may be conditioned upon subsequent refinements in
scope and price and may allow the Commission to make
modifications in the project scope without invalidating the
design-build contract.
(n) "Design-build entity" means any individual, sole
proprietorship, firm, partnership, joint venture, corporation,
professional corporation, or other entity that proposes to
design and construct any public project under this Act. A

SB2459 - 4 - LRB096 13218 JDS 27862 b
design-build entity and associated design-build professionals
shall conduct themselves in accordance with the laws of this
State and the related provisions of the Illinois Administrative
Code, as referenced by the licensed design professionals Acts
of this State.
(o) "Design professional" means any individual, sole
proprietorship, firm, partnership, joint venture, corporation,
professional corporation, or other entity that offers services
under the Illinois Architecture Practice Act of 1989 (225 ILCS
305/), the Professional Engineering Practice Act of 1989 (225
ILCS 325/), the Structural Engineering Licensing Act of 1989
(225 ILCS 340/), or the Illinois Professional Land Surveyor Act
of 1989 (225 ILCS 330/).
(o-5) "Landscape architect design professional" means any
person, sole proprietorship, or entity such as a partnership,
professional service corporation, or corporation that offers
services under the Illinois Landscape Architecture Act of 1989.
(p) "Evaluation criteria" means the requirements for the
separate phases of the selection process for design-build
proposals as defined in this Act and may include the
specialized experience, technical qualifications and
competence, capacity to perform, past performance, experience
with similar projects, assignment of personnel to the project,
and other appropriate factors. Price may not be used as a
factor in the evaluation of Phase I proposals.
(q) "Proposal" means the offer to enter into a design-build

SB2459 - 5 - LRB096 13218 JDS 27862 b
contract as submitted by a design-build entity in accordance
with this Act.
(r) "Request for proposal" means the document used by the
Commission to solicit proposals for a design-build contract.
(s) "Scope and performance criteria" means the
requirements for the public project, including but not limited
to, the intended usage, capacity, size, scope, quality and
performance standards, life-cycle costs, and other
programmatic criteria that are expressed in
performance-oriented and quantifiable specifications and
drawings that can be reasonably inferred and are suited to
allow a design-build entity to develop a proposal.
(t) "Guaranteed maximum price" means a form of contract in
which compensation may vary according to the scope of work
involved but in any case may not exceed an agreed total amount.
Definitions in this Section with respect to design-build
shall have no effect beginning 5 years after the effective date
of this amendatory Act of the 95th General Assembly.
(Source: P.A. 94-1071, eff. 1-1-07; 95-595, eff. 6-1-08.)
(50 ILCS 20/14) (from Ch. 85, par. 1044)
Sec. 14. A Public Building Commission is a municipal
corporation and constitutes a body both corporate and politic
separate and apart from any other municipal corporation or any
other public or governmental agency. It may sue and be sued,
plead and be impleaded, and have a seal and alter such at

SB2459 - 6 - LRB096 13218 JDS 27862 b
pleasure, have perpetual succession, make and execute
contracts, leases, deeds and other instruments necessary or
convenient to the exercise of its powers, and make and from
time to time amend and repeal its by-laws, rules and
regulations not inconsistent with this Act. In addition, it has
and shall exercise the following public and essential
governmental powers and functions and all other powers
incidental or necessary, to carry out and effectuate such
express powers:
(a) To select, locate and designate, at any time and from
time to time, one or more areas lying wholly within the
territorial limits of the municipality or of the county seat of
the county in which the Commission is organized, or within the
territorial limits of the county if the site is to be used for
county purposes, or (in the case of a county having a
population of at least 20,000 but not more than 21,000 as
determined by the 1980 federal census) within the territorial
limits of the county if the site is to be used for municipal
purposes, as the site or sites to be acquired for the erection,
alteration or improvement of a building or buildings, public
improvement or other facilities for the purposes set forth in
this Section. The site or sites selected shall be conveniently
located within such county, municipality or county seat and of
an area in size sufficiently large to accomplish and effectuate
the purpose of this Act and sufficient to provide for proper
architectural setting and adequate landscaping for such

SB2459 - 7 - LRB096 13218 JDS 27862 b
building or buildings, public improvement or other facilities.
(1) Where the governing body of the county seat or the
governing body of any municipality with 3,000 or more
inhabitants has adopted the original resolution for the
creation of the Commission, the site or sites selected, and in
the case of a project for an Airport Authority, the site or
sites selected, the project and any lease agreements, are
subject to approval by a majority of the members of the
governing body of the county seat or by a majority of the
members of the governing body of the municipality. However,
where the site is for a county project and is outside the
limits of a municipality, the approval of the site shall be by
the county board.
(2) Where the original resolution for the creation of the
Commission has been adopted by the governing body of the
county, the site or sites selected, and in the case of a
project for an Airport Authority, the site or sites selected,
the project and any lease agreements, are subject to approval
by a majority of the members of the governing body of the
county and to approval by 3/4 of the members of the governing
body of the county seat, except that approval of 3/4 of the
members of the governing body of the county seat is not
required where the site is for a county or (in the case of a
county having a population of at least 20,000 but not more than
21,000 as determined by the 1980 federal census) a municipal
project and is outside the limits of the county seat, in which

SB2459 - 8 - LRB096 13218 JDS 27862 b
case approval by 3/4 of the members of the governing body of
any municipality where the site or sites will be located is
required; and, if such site or sites so selected, and in the
case of a project for an Airport Authority, the site or sites
selected, the project and any lease agreements, are not
approved by 3/4 of the members of the governing body of the
county seat the Commission may by resolution request that the
approval of the site or sites so selected, and in the case of a
project for an Airport Authority, the site or sites selected,
the project and any lease agreements, be submitted to a
referendum at the next general election in accordance with the
general election law, and shall present such resolution to the
county clerk. Upon receipt of such resolution the county clerk
shall immediately notify the board of election commissioners,
if any; however, referenda pursuant to such resolution shall
not be called more frequently than once in 4 years. The
proposition shall be in substantially the following form:
-------------------------------------------------------------
Shall ......... be acquired for the
erection, alteration or improvement of
a building or buildings pursuant to YES
the Public Building Commission Act,
approved July 5, 1955, which project
it is estimated will cost $........., -----------------
including the cost of the site
acquisition and for the payment of which

SB2459 - 9 - LRB096 13218 JDS 27862 b
revenue bonds in the amount of $...., NO
maturing .... and bearing interest at
the rate of .....% per annum, may be
issued?
-------------------------------------------------------------
If a majority of the electors voting on the proposition
vote in favor of the proposition, the site or sites so
selected, and in the case of a project for an Airport
Authority, the site or sites selected, the project and any
lease agreements, shall be approved. Except where approval of
the site or sites has been obtained by referendum, the area or
areas may be enlarged by the Board of Commissioners, from time
to time, as the need therefor arises. The selection, location
and designation of more than one area may, but need not, be
made at one time but may be made from time to time.
(b) To acquire the fee simple title to or any lesser
interest in the real property located within such area or
areas, including easements and reversionary interests in the
streets, alleys and other public places and personal property
required for its purposes, by purchase, gift, legacy, or by the
exercise of the power of eminent domain, and title thereto
shall be taken in the corporate name of the Commission. Eminent
domain proceedings shall be in all respects in the manner
provided for the exercise of the right of eminent domain under
the Eminent Domain Act. All land and appurtenances thereto,
acquired or owned by the Commission are to be deemed acquired

SB2459 - 10 - LRB096 13218 JDS 27862 b
or owned for a public use or public purpose.
Any municipal corporation which owns fee simple title to or
any lesser interest in real property located within such an
area, may convey such real property, or any part thereof or
interest therein, to the Commission with a provision in such
conveyance for the reverter of such real property or interest
therein to the transferor municipal corporation at such time as
all revenue bonds and other obligations of the Commission
incident to the real property or interest therein so conveyed,
have been paid in full, and such Commission is hereby
authorized to accept such a conveyance.
(c) To demolish, repair, alter or improve any building or
buildings within the area or areas and to erect a new building
or buildings, improvement and other facilities within the area
or areas to provide space for the conduct of the executive,
legislative and judicial functions of government, its various
branches, departments and agencies thereof and to provide
buildings, improvements and other facilities for use by local
government in the furnishing of essential governmental,
health, safety and welfare services to its citizens; to furnish
and equip such building or buildings, improvements and other
facilities, and maintain and operate them so as to effectuate
the purposes of this Act.
(d) To pave and improve streets within such area or areas,
and to construct, repair and install sidewalks, sewers,
waterpipes and other similar facilities and site improvements

SB2459 - 11 - LRB096 13218 JDS 27862 b
within such area or areas and to provide for adequate
landscaping essential to the preparation of such site or sites
in accordance with the purposes of this Act.
(e) To make provisions for offstreet parking facilities.
(f) To operate, maintain, manage and to make and enter into
contracts for the operation, maintenance and management of such
buildings and other facilities and to provide rules and
regulations for the operation, maintenance and management
thereof.
(g) To employ and discharge without regard to any Civil
Services Act, engineering, architectural, construction,
design-build, legal and financial experts and such other
employees as may be necessary in its judgment to carry out the
purposes of this Act and to fix compensation for such
employees, and enter into contracts for the employment of any
person, firm, or corporation, and for professional services
necessary or desirable for the accomplishment of the objects
and purposes of the Commission and the proper administration,
management, protection and control of its property.
(h) To rent all or any part or parts of such building,
buildings, or other facilities to any municipal corporation
that organized or joined in the organization of the Public
Building Commission or to any branch, department, or agency
thereof, or to any branch, department, or agency of the State
or Federal government, or to any other state or any agency or
political subdivision of another state with which the

SB2459 - 12 - LRB096 13218 JDS 27862 b
Commission has entered into an intergovernmental agreement or
contract under the Intergovernmental Cooperation Act, or to any
municipal corporation with which the Commission has entered
into an intergovernmental agreement or contract under the
Intergovernmental Cooperation Act, or to any other municipal
corporation, quasi municipal corporation, political
subdivision or body politic, or agency thereof, doing business,
maintaining an office, or rendering a public service in such
county for any period of time.
(i) To rent such space in such building or buildings as
from time to time may not be needed by any governmental agency
for such other purposes as the Board of Commissioners may
determine will best serve the comfort and convenience of the
occupants of such building or buildings, and upon such terms
and in such manner as the Board of Commissioners may determine.
(j) To execute written leases evidencing the rental
agreements authorized in paragraphs (h) and (i) of this
Section.
(k) To procure and enter into contracts for any type of
insurance or indemnity against loss or damage to property from
any cause, including loss of use and occupancy, against death
or injury of any person, against employer's liability, against
any act of any member, officer or employee of the Public
Building Commission in the performance of the duties of his
office or employment or any other insurable risk, as the Board
of Commissioners in its discretion may deem necessary.

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(l) To accept donations, contributions, capital grants or
gifts from any individuals, associations, municipal and
private corporations and the United States of America, or any
agency or instrumentality thereof, for or in aid of any of the
purposes of this Act and to enter into agreements in connection
therewith.
(m) To borrow money from time to time and in evidence
thereof to issue and sell revenue bonds in such amount or
amounts as the Board of Commissioners may determine to provide
funds for the purpose of acquiring, erecting, demolishing,
improving, altering, equipping, repairing, maintaining and
operating buildings and other facilities and to acquire sites
necessary and convenient therefor and to pay all costs and
expenses incident thereto, including, but without in any way
limiting the generality of the foregoing, architectural,
engineering, legal and financing expense, which may include an
amount sufficient to meet the interest charges on such revenue
bonds during such period or periods as may elapse prior to the
time when the project or projects may become revenue producing
and for one year in addition thereto; and to refund and
refinance, from time to time, revenue bonds so issued and sold,
as often as may be deemed to be advantageous by the Board of
Commissioners.
(n) To enter into any agreement or contract with any
lessee, who, pursuant to the terms of this Act, is renting or
is about to rent from the Commission all or part of any

SB2459 - 14 - LRB096 13218 JDS 27862 b
building or buildings or facilities, whereby under such
agreement or contract such lessee obligates itself to pay all
or part of the cost of maintaining and operating the premises
so leased. Such agreement may be included as a provision of any
lease entered into pursuant to the terms of this Act or may be
made the subject of a separate agreement or contract between
the Commission and such lessee.
(Source: P.A. 94-1055, eff. 1-1-07; 95-614, eff. 9-11-07.)
(50 ILCS 20/20.3)
(Section scheduled to be repealed on June 1, 2013)
Sec. 20.3. Solicitation of design-build proposals.
(a) When the Commission elects to use the design-build
delivery method, it must issue a notice of intent to receive
proposals for the project at least 14 days before issuing the
request for the proposal. The Commission must publish the
advance notice in a daily newspaper of general circulation in
the county where the Commission is located. The Commission is
encouraged to use publication of the notice in related
construction industry service publications. A brief
description of the proposed procurement must be included in the
notice. The Commission must provide a copy of the request for
proposal to any party requesting a copy.
(b) The request for proposal shall be prepared for each
project and must contain, without limitation, the following
information:

SB2459 - 15 - LRB096 13218 JDS 27862 b
(1) The name of the Commission.
(2) A preliminary schedule for the completion of the
contract.
(3) The proposed budget for the project, the source of
funds, and the currently available funds at the time the
request for proposal is submitted.
(4) Prequalification criteria for design-build
entities wishing to submit proposals. The Commission shall
include, at a minimum, its normal prequalification,
licensing, registration, and other requirements, but
nothing contained herein precludes the use of additional
prequalification criteria by the Commission.
(5) Material requirements of the contract, including
but not limited to, the proposed terms and conditions,
required performance and payment bonds, insurance, and the
entity's plan to comply with the utilization goals
established by the corporate authorities of the Commission
for minority and women business enterprises and to comply
with Section 2-105 of the Illinois Human Rights Act.
(6) The performance criteria.
(7) The evaluation criteria for each phase of the
solicitation.
(8) The number of entities that will be considered for
the technical and cost evaluations evaluation phase.
(c) The Commission may include any other relevant
information that it chooses to supply. The design-build entity

SB2459 - 16 - LRB096 13218 JDS 27862 b
shall be entitled to rely upon the accuracy of this
documentation in the development of its proposal.
(d) Proposals shall be due within a reasonable period of
time to allow for entities to prepare their responses, given
the size and complexity of the contemplated project. In the
event that the Commission contemplates a multiple step
procurement process, the request for proposals shall provide a
schedule for the proposal process. The date that proposals are
due must be at least 21 calendar days after the date of the
issuance of the request for proposal. In the event the cost of
the project is estimated to exceed $12,000,000, then the
proposal due date must be at least 28 calendar days after the
date of the issuance of the request for proposal. The
Commission shall include in the request for proposal a minimum
of 30 days to develop the Phase II submissions after the
selection of entities from the Phase I evaluation is completed.
(e) This Section is repealed 5 years after the effective
date of this amendatory Act of the 95th General Assembly.
(Source: P.A. 95-595, eff. 6-1-08.)
(50 ILCS 20/20.5)
(Section scheduled to be repealed on June 1, 2013)
Sec. 20.5. Procedures for design-build selection.
(a) The Commission shall include in the request for
proposals the evaluating factors to be used to assess the
qualifications of the design-build entities. The Commission

SB2459 - 17 - LRB096 13218 JDS 27862 b
shall maintain a record of the evaluation scoring. The record
shall be disclosed in the event of any protest regarding the
solicitation.
The following criteria must be included in every evaluation
of the qualifications of the design-build entities: (1)
experience of personnel; (2) successful experience with
similar project types; (3) financial capability; (4)
timeliness of past performance; (5) experience with similarly
sized projects; (6) successful reference checks of the firm;
(7) commitment to assign personnel for the duration of the
project and qualifications of the entity's consultants; and (8)
ability or past performance in meeting or exhausting good faith
efforts to meet the utilization goals for minority and women
business enterprises established by the corporate authorities
of the Commission and in complying with Section 2-105 of the
Illinois Human Rights Act. The Commission may include any
additional relevant criteria that it deems necessary for a
proper qualification review.
The Commission may not consider any design-build entity for
evaluation or award if the entity has any pecuniary interest in
the project or has other relationships or circumstances,
including but not limited to, long-term leasehold, mutual
performance, or development contracts with the Commission,
that may give the design-build entity a financial or tangible
advantage over other design-build entities in the preparation,
evaluation, or performance of the design-build contract, or

SB2459 - 18 - LRB096 13218 JDS 27862 b
that create the appearance of impropriety. No design-build
proposal shall be considered that does not include an entity's
plan to comply with the requirements established in the
minority and women business enterprises and economically
disadvantaged firms established by the corporate authorities
of the Commission and with Section 2-105 of the Illinois Human
Rights Act.
(b) The Commission shall not be required to review the
technical and cost proposals of the firms that it finds to be
unqualified pursuant to the evaluation criteria in subsection
(a). The Commission shall include in the request for proposals
the evaluating factors to be used to assess the technical and
cost proposals of the qualified design-build entities. The
Commission shall maintain a record of the evaluation scoring.
The record shall be disclosed in the event of any protest
regarding the solicitation.
The Commission shall include the following criteria in
every technical evaluation of the design-build entities: (1)
compliance with the objectives of the project; (2) compliance
of proposed services to the request for proposal requirements;
(3) quality of products or materials proposed; (4) quality of
design parameters; (5) design concepts; (6) innovation in
meeting the scope and performance criteria; and (7)
constructability of the proposed project. The Commission may
include any relevant technical evaluation factors it deems
necessary for proper selection.

SB2459 - 19 - LRB096 13218 JDS 27862 b
The Commission shall include the following criteria in
every cost evaluation: (1) guaranteed maximum project cost or
lump sum project cost and (2) proposed schedule for project
completion. The Commission may include any additional relevant
technical evaluation factors it deems necessary for proper
selection.
The Commission shall directly employ or retain a licensed
design professional to evaluate the technical and cost
submissions to determine if the technical submissions are in
accordance with generally accepted industry standards.
Upon completion of the technical and cost evaluations, the
Commission may award a design-build contract to the qualified
design-build entity that the Commission determines offers the
best value in terms of quality, cost, and proposed time of
completion.
(a) The Commission must use a two-phase procedure for the
selection of the successful design-build entity. Phase I of the
procedure will evaluate and shortlist the design-build
entities based on qualifications, and Phase II will evaluate
the technical and cost proposals.
(b) The Commission shall include in the request for
proposal the evaluating factors to be used in Phase I. These
factors are in addition to any prequalification requirements of
design-build entities that the Commission has set forth. Each
request for proposal shall establish the relative importance
assigned to each evaluation factor and subfactor, including any

SB2459 - 20 - LRB096 13218 JDS 27862 b
weighting of criteria to be employed by the Commission. The
Commission must maintain a record of the evaluation scoring to
be disclosed in event of a protest regarding the solicitation.
The Commission shall include the following criteria in
every Phase I evaluation of design-build entities: (1)
experience of personnel; (2) successful experience with
similar project types; (3) financial capability; (4)
timeliness of past performance; (5) experience with similarly
sized projects; (6) successful reference checks of the firm;
(7) commitment to assign personnel for the duration of the
project and qualifications of the entity's consultants; and (8)
ability or past performance in meeting or exhausting good faith
efforts to meet the utilization goals for minority and women
business enterprises established by the corporate authorities
of the Commission and in complying with Section 2-105 of the
Illinois Human Rights Act. The Commission may include any
additional relevant criteria in Phase I that it deems necessary
for a proper qualification review. The Commission may include
any additional relevant criteria in Phase I that it deems
necessary for a proper qualification review.
The Commission may not consider any design-build entity for
evaluation or award if the entity has any pecuniary interest in
the project or has other relationships or circumstances,
including but not limited to, long-term leasehold, mutual
performance, or development contracts with the Commission,
that may give the design-build entity a financial or tangible

SB2459 - 21 - LRB096 13218 JDS 27862 b
advantage over other design-build entities in the preparation,
evaluation, or performance of the design-build contract or that
create the appearance of impropriety. No design-build proposal
shall be considered that does not include an entity's plan to
comply with the requirements established in the minority and
women business enterprises and economically disadvantaged
firms established by the corporate authorities of the
Commission and with Section 2-105 of the Illinois Human Rights
Act.
Upon completion of the qualifications evaluation, the
Commission shall create a shortlist of the most highly
qualified design-build entities. The Commission, in its
discretion, is not required to shortlist the maximum number of
entities as identified for Phase II evaluation, provided
however, no less than 2 design-build entities nor more than 6
are selected to submit Phase II proposals.
The Commission shall notify the entities selected for the
shortlist in writing. This notification shall commence the
period for the preparation of the Phase II technical and cost
evaluations. The Commission must allow sufficient time for the
shortlist entities to prepare their Phase II submittals
considering the scope and detail requested by the Commission.
(c) The Commission shall include in the request for
proposal the evaluating factors to be used in the technical and
cost submission components of Phase II. Each request for
proposal shall establish, for both the technical and cost

SB2459 - 22 - LRB096 13218 JDS 27862 b
submission components of Phase II, the relative importance
assigned to each evaluation factor and subfactor, including any
weighting of criteria to be employed by the Commission. The
Commission must maintain a record of the evaluation scoring to
be disclosed in event of a protest regarding the solicitation.
The Commission shall include the following criteria in
every Phase II technical evaluation of design-build entities:
(1) compliance with objectives of the project; (2) compliance
of proposed services to the request for proposal requirements;
(3) quality of products or materials proposed; (4) quality of
design parameters; (5) design concepts; (6) innovation in
meeting the scope and performance criteria; and (7)
constructability of the proposed project. The Commission may
include any additional relevant technical evaluation factors
it deems necessary for proper selection.
The Commission shall include the following criteria in
every Phase II cost evaluation: the guaranteed maximum project
cost and the time of completion. The Commission may include any
additional relevant technical evaluation factors it deems
necessary for proper selection. The guaranteed maximum project
cost criteria weighing factor shall not exceed 30%.
The Commission shall directly employ or retain a licensed
design professional to evaluate the technical and cost
submissions to determine if the technical submissions are in
accordance with generally accepted industry standards.
Upon completion of the technical submissions and cost

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submissions evaluation, the Commission may award the
design-build contract to the highest overall ranked entity.
(c) (d) This Section is repealed 5 years after the
effective date of this amendatory Act of the 95th General
Assembly.
(Source: P.A. 95-595, eff. 6-1-08.)
(50 ILCS 20/20.12 new)
Sec. 20.12. Competitive negotiation. If the Executive
Director determines it is in the Commission's best interests,
the Commission may enter into competitive negotiations with the
qualified design-build entities. The Commission shall provide
the qualified design-build entities with appropriate notice of
the Commission's intent to enter into competitive
negotiations. Such notice shall include a detailed description
of the competitive negotiation process, which may include value
engineering or similar revisions to the scope of the project.
The Commission may require each qualified design-build entity
to furnish its best and final offer for the design and
construction of the project. Upon completion of the competitive
negotiations, the Commission may award a design-build contract
to the qualified design-build entity that the Commission
determines has offered the best value in terms of quality,
cost, and proposed time of completion.
(50 ILCS 20/20.15)

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(Section scheduled to be repealed on June 1, 2013)
Sec. 20.15. Submission of design-build proposals.
Design-build proposals must be properly identified and sealed.
Proposals may not be reviewed until after the deadline for
submission has passed as set forth in the request for
proposals. All design-build entities submitting proposals
shall be disclosed after the deadline for submission , and all
design-build entities who are selected for Phase II evaluation
shall also be disclosed at the time of that determination.
Design-build Phase II design-build proposals shall include
a bid bond in the form and security as designated in the
request for proposals. Proposals shall also contain a separate
sealed envelope with the cost information within the overall
proposal submission. Proposals shall include a list of all
design professionals, landscape architect design
professionals, and other entities to which any work identified
in Section 30-30 of the Illinois Procurement Code as a
subdivision of construction work may be subcontracted during
the performance of the contract.
Proposals must meet all material requirements of the
request for proposal or they may be rejected as non-responsive.
The Commission shall have the right to reject any and all
proposals.
The drawings and specifications of any unsuccessful
design-build proposal shall remain the property of the
design-build entity.

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The Commission shall review the proposals for compliance
with the performance criteria and evaluation factors.
Proposals may be withdrawn prior to the due date and time
for submissions for any cause. After evaluation begins by the
Commission, clear and convincing evidence of error is required
for withdrawal.
This Section is repealed 5 years after the effective date
of this amendatory Act of the 95th General Assembly.
(Source: P.A. 95-595, eff. 6-1-08.)
(50 ILCS 20/20.20)
(Section scheduled to be repealed on June 1, 2013)
Sec. 20.20. Design-build award. The Commission may award a
design-build contract to the qualified design-build entity
that the Commission determines has offered the best value in
terms of quality, cost, and proposed time of completion. Notice
of the award shall be made in writing. Unsuccessful entities
shall also be notified in writing. The Commission may award a
design-build contract to the highest overall ranked entity.
Notice of award shall be made in writing. Unsuccessful entities
shall also be notified in writing. The Commission may not
request a best and final offer after the receipt of proposals.
The Commission may negotiate with the selected design-build
entity after award but prior to contract execution for the
purpose of securing better terms than originally proposed,
provided that the salient features of the request for proposal

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are not diminished.
This Section is repealed 5 years after the effective date
of this amendatory Act of the 95th General Assembly.
(Source: P.A. 95-595, eff. 6-1-08.)
(50 ILCS 20/20.25)
(Section scheduled to be repealed on June 1, 2013)
Sec. 20.25. Minority and female owned enterprises; total
construction budget.
(a) Each year, within 60 days following the end of a
commission's fiscal year, the commission shall provide a report
to the General Assembly addressing the utilization of minority
and female owned business enterprises on design-build
projects.
(b) The payments for design-build projects by any
commission in one fiscal year shall not exceed 25% of the
moneys spent on construction projects during the same fiscal
year.
(b) (c) This Section is repealed 5 years after the
effective date of this amendatory Act of the 95th General
Assembly.
(Source: P.A. 95-595, eff. 6-1-08.)
(50 ILCS 20/20.10 rep.)
Section 10. The Public Building Commission Act is amended
by repealing Section 20.10.

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Section 99. Effective date. This Act takes effect upon
becoming law.